wrwayiwnHinwiiiiMHBUiiitBuguwinBtiintmnniam!  mi 


Constitution  anfc  Canons 


fllMsstonar^  District 

of 

Hsbevtlie 


Hpproveo  bp.  Mouse  of  Bisbops 
in  General  Convention 

1919 


r 


Constitution  of  tbe  Protestant  Episcopal  Cburcb 

IN  THE 

/HMssionars  District  of  Uebcviilc 

Bbopteb  September  10, 1899 
Bs  Subsequently  Bmenbeb  anb  approved  bp.  tbe  House  ot  JStsbopa 


ARTICLE  I. 

THE  DISTRICT.  . 

The  Missionary  District  of  Asheville  embraces  territorially  the  counties 
of  Alleghany,  Wilkes,  Alexander,  Catawba,  Lincoln,  and  Gaston,  in  the 
State  of  North  Carolina  and  all  that  portion  of  the  State  lying  west  there- 
of;  and,  as  a  constituent  part  of  the  Protestant  Episcopal  Church  in  the 
United  States  of  America,  it  accedes  to  and  adopts  the  Constitution  and 
Canons  of  that  Church,  and  acknowledges  their  authority  accordingly. 

ARTICLE  II. 

THE  CONVENTION. 

The  Convention  of  the  District  consists  as  follows : 

(a)  Of  the  Bishop  of  the  District,  when  there  is  one. 

(b)  Of  every  clergyman,  not  under  discipline,  who  shall  have  been  for 
six  months,  next  preceding  the  Convention,  canonically  resident  in  the 
District,  and  in  charge  of,  or  employed  as  assistant  minister  in,  any  Parish 
in  canonical  union  with  the  District,  or  employed  as  a  missionary  under 
the  Ecclesiastical  Authority  of  the  District,  or  regularly  engaged  as  In- 
structor in  any  Parochial  or  Mission  school  of  the  District,  or  regularly 
engaged  as  instructor  in  any  Church  Institution,  upon  the  Board  of  Trus- 
tees of  which  the  District  is  represented,  or  who,  having  been  engaged  in 
the  discharge  of  any  of  the  foregoing  duties,  shall  have  been  disabled  from 
continuing  in  the  same  by  reason  of  advanced  years  or  infirm  health. 

(c)  Of  any  officers  of  the  District,  who  may  be  constituted  ex-officio 
members  of  the  Convention  by  constitutional  or  canonical  provision. 

(d)  Of  lay  delegates  from  the  Parishes  in  canonical  union  with  the 
District,  and  from  the  organized  Missions  in  the  District. 

Each  of  the  said  Parishes  shall  be  entitled  to  three  delegates  in  the  Con- 
vention, and  each  of  said  Missions  shall  be  entitled  to  one  delegate  in  the 
Convention. 

The  lay  delegates  shall  be  communicants  in  the  Parish  or  Mission,  which 
they  represent,  and  they  shall  be  chosen  in  such  manner  as  may  be  pre- 
scribed by  Canon. 


4  CONSTITUTION  AND  CANONS 

ARTICLE  III. 

ANNUAL    AND    SPECIAL    CONVENTIONS 

The  Convention  shall  meet  annually  at  such  time  and  place  as  may 
have  been  determined  by  the  next  preceding  Convention,  or  in  case  of  no 
such  determination,  on  the  Second  Wednesday  in  February,  at  such  place 
as  may  have  been  designated  by  the  Ecclesiastical  Authority  of  the  District, 
but  the  time  or  place  of  such  meeting  may  be  changed,  or  Special  Conven- 
tions may  be  called  by  the  Eccleastical  Autthority  of  the  District,  subject 
to  such  provision  as  may  be  prescribed  by  Canon. 

Printed  notice  of  the  meeting  of  the  Convention  shall  be  mailed  at  least 
thirty  days  before  the  time  appointed,  to  every  clergyman  canonically  res- 
ident in  the  District  and  to  the  Clerk  of  the  Vestry  of  each  Parish  in  can- 
onical union  with  the  District,  and  to  the  Clerk  of  each  Mission  in  the 
District. 

In  case  of  a  special  Convention,  the  notice  shall  specify  the  purpose  for 
which  the  same  is  called,  and  no  business  not  strictly  pertaining  to  that  pur- 
pose shall  be  transacted  by  said  Convention. 

ARTICLE  IV. 

RELIGIOUS   SERVICES   OF  THE  CONVENTION. 

The  Eccleastical  Authority  shall  appoint  and  order  the  opening  ser- 
vice, and  all  other  religious  services  of  the  Convention,  subject,  in  the  ab- 
sence of  the  Bishop,  to  modification  by  the  Convention  itself. 

ARTICLE  V. 

The  Bishop  of  the  District  shall  have  a  seat  and  vote  in  the  Convention, 
and  shall  be  its  presiding  officer. 

If  the  Bishop  of  the  District  be  not  in  attendance  upon  the  Convention, 
a  President  pro  tempore  shall  be  elected  from  among  the  clerical  members 
of  the   Convention. 

ARTICLE  VI. 

CONVENTION    QUORUM. 

The  presence  of  one-half  of  all  the  clergy  entitled  to  seats  in  the  Con- 
vention, and  of  a  reprsntation  from  one-third  of  all  the  Parishes  entitled 
to  be  represented  in  the  Convention,  shall  be  necessary  to  constitute  a 
quorum  for  the  transaction  of  business,  provided,  however,  that  any  less 
number  shall  have  power  to  meet,  to  receive  reports,  and  to  adjourn. 

ARTICLE  VII. 
The  Convention  shall  elect  annually,  a  Secretary,  a  Treasurer,  and  one 
member  of  a  Board  of  five  Trustees  of  the  District  to  serve  for  five  years. 
It  shall  elect  triennially,  a  Registrar  of  the  District,  one  clerical  and  one  lay 


CONSTITUTION  AND  CANONS  5 

delegate  to  the  General  Convention,  with  one  provisional  clerical  and  one 
provisional  lay  delegate  to  the  same,  and  an  Ecclesiastical  Court  to  consist 
of  five  Presbyters  of  the  District. 

The  foregoing  officers  shall  respectively  perform  the  duties  which,  by 
canon  or  general  usage,  may  be  prescribed  for  them;  and  each  shall  con- 
tinue in  office  until  his  successor  is  chosen ;  and  any  vacancies  among  the 
foregoing  officers,  arising  during  the  recess  of  the  Convention,  may  be  filled 
by  appointment  of  the  Ecclesiastical  Authority  of  the  District.  Vacancies 
continuing  until  the  time  of  an  Annual  Convention  shall  be  filled  by  the 
same. 

ARTICLE  VIII. 

MODE  OF  VOTING  AND  ELECTIONS. 

The  Clergy  and  lay  delegates  shall  deliberate  in  one  body,  and  vote  as 
such  in  all  elections.     All  elections  shall  be  by  ballot. 

A  vote  by  orders  upon  the  decision  of  any  question  may  be  called  for 
by  five  members;  and  in  such  case  the  concurrence  of  a  majority  of  the 
votes  in  each  order  shall  be  necessary  for  an  affirmative  vote.  In  a  vote  by 
orders,  each  Parish  represnted  in  the  Convention  shall  be  entitled  to  but 
one  vote,  and  a  Mission  in  such  case  has  no  vote. 

ARTICLE  IX. 

ELECTION  TO  THE  EPISCOPATE. 

The  election  of  a  Bishop  shall  be  made  in  an  Annual  Convention,  or  in 
a  Special  Convention  called  for  that  purpose  at  least  sixty  days  before  the 
time  appointed,  the  object  being  stated  by  notice  in  writing,  and  sent  to 
every  clergyman  and  vestry  of  the  District. 

The  election  shall  be  by  orders,  and  the  concurrence  of  a  majority  of 
both  orders  present  and  voting  shall  be  necessary  to  determine  the  choice. 

ARTICLE  X. 

THE   CHANCELLOR. 

The  Bishop,  with  the  approval  of  the  Council  of  Advice,  may  appoint  a 
person,  learned  in  the  law,  Chancellor  of  the  District,  to  advise  regarding 
any  question  of  law  which  may  arise  in  the  administration  of  District  af- 
fairs, who  shall  be  entitled  ex-officio  to  a  seat  and  vote  in  all  Conventions, 
except  when  the  vote  is  by  orders.  The  Chancellor  must  be  a  communi- 
cant and  resident  in  the  District,  and  shall  continue  in  office  till  death,  or 
resignation,  or  revocation  of  appointment  by  the  Bishop. 

ARTICLE  XI. 

SUSPENSION    OF   PARISHES   OR    MISSIONS. 

Any  Parish  or  Mission  may  be  suspended  from  the  right  of  lay  rep- 
resentation in  the  Convention  by  a  vote  of  two-thirds  of  each  order,  when- 


6  CONSTITUTION  AND   CANONS 

ever  the  same  shall  be  deemed  conducive  to  the  interests  of  the  Church ;  or 
its  connection  with  the  District  may  be  wholly  dissolved  by  canonical  pro- 
cess. 

ARTICLE  XII. 

AMENDMENT  OF  CONSTITUTION. 

The  mode  of  altering  this  Constitution  shall  be  as  follows : 
Every  proposition  for  amendment  shall  be  made  in  writing,  and  being 
read,  shall  be  referred  to  the  Committee  on  Canons,  which  shall  report  the 
same  to  the  next  Annual  Convention,  with  their  recommendation,  and  if 
two-thirds  of  the  two  orders  voting  separately  shall  then  approve  of  said 
proposition,  either  in  its  original  form,  or  in  the  form  recommended  by 
said  Committee,  and  if  the  Bishop  of  the  District  approve,  the  proposed 
amendment  shall  then  be  submitted  to  the  House  of  Bishops,  and  upon  the 
approval  of  the  House  of  Bishops,  the  Constitution  shall  be  changed  ac- 
cordingly. 

CANONS  AS  AMENDED  AND  APPROVED  BY  THE  HOUSE  OF 
BISHOPS,  iqiq. 

CANON  I. 

OF  THE  LIST  OF   MINISTERS. 

Section  i.  Within  one  week  before  the  meeting  of  every  Convention 
of  this  District,  the  Bishop  shall  cause  to  be  prepared  a  list  of  the  Minis- 
ters canonically  resident  in  the  District,  annexing  the  names  of  their  re- 
spective cures,  or  parishes,  or  stations  as  Missionaries,  or  of  the  institutions 
of  learning  in  which  they  are  engaged;  and  in  regard  to  such  as  are  not 
engaged  in  parishes,  or  missions,  or  institutions  of  learning  as  above,  their 
places  of  residence  only,  specifying,  at  the  same  time,  who  of  any  class  are 
Deacons ;  but  no  Clergyman,  while  suspended  from  the  Ministry,  shall  have 
a  place  on  such  list ;  and  the  list  shall  be  laid  before  the  Convention  im- 
mediately after  it  shall  have  been  called  to  order,  and  the  names  of  the 
Clerical  members  called  therefrom.  The  same  shall  be  appended  to  the 
Journal,  and  sent  to  the  Secretary  of  the  General  Convention. 

Sec.  2.  When  the  right  of  any  Clergyman  to  a  seat  in  the  Convention 
is  disputed,  it  shall  be  determined  according  to  the  provisions  of  the  second 
article  of  the  Constitution,  by  the  Convention  itself,  whether  his  name  be 
inserted  in  the  list  aforesaid  or  be  omitted. 

CANON  II. 

OF  ATTENDANCE  ON  CONVENTION. 

It  shall  be  the  duty  of  all  Clergymen  entitled  to  seats  in  the  Convention 
to  attend  the  same,  and  of  each  Parish  in  union  with  the  Convention  to 
send  one  or  more  Lay  Delegates  to  the  Convention,  not  exceeding  three, 
elected  by  the  Vestry,  at  least  ten  days  before  the  meeting  of  any  Conven- 
tion from  among  the  male  communicants  of  said  Parish,  and  of  each  or- 


CONSTITUTION   AND   CANONS  7 

ganized  Mission  to  send  one  delegate  appointed  by  the  Minister-in-charge 
from  among  the  male  communicants  of  the  Mission,  and  the  Clerk  of  the 
Parish  or  Mission  shall,  at  least  five  days  before  the  meeting  of  any  Con- 
vention, send  to  the  Secretary  of  the  Convention,  for  delegates  elected  or 
appointed  as  aforesaid,  a  certificate  as  follows : 

"This  is  to  certify  that  N.  N.,  communicants  in  good  standing 
"of  Church  or  Mission  were  duly  appointed  Lay  Del- 
egates to  represent  the  same  in  the  Convention  of  the  Protestant  Episco- 
pal Church  in  the  District  of  Asheville,  to  be  held  on  the  day  of 

" ,  in  the  year  of  our  Lord ;  and  that  the  semi-annual 

"dues  to  the  Contingent  Fund  of  the  District  are  either  fully  paid,  or  ap- 
plication has  been  made  for  relief  in  accordance  with  the  Canon." 

This  certificate  shall  be  signed  by  the  Rector  or  Minister-in-charge,  and 
Clerk.  The  Secretary  of  the  Convention  shall  make  a  list  of  the  names  of 
Delegates  thus  certified  to  him,  to  be  used  by  him  at  the  organization  of 
the  Convention. 

CANON    III. 

OF  THE  SECRETARY. 

It  shall  be  the  duty  of  the  Secretary  to  take  minutes  and  record  all  pro- 
ceedings of  the  Convention ;  to  attest  its  public  acts,  preserve  its  records, 
notify  the  Parishes  of  the  times  and  places  of  meeting  of  all  stated  and 
special  Conventions,  giving  thirty  days'  notice,  and  faithfully  to  deliver  to 
his  successor  all  books  and  papers  belonging  to  the  Convention  which  may 
be  in  his  charge.  In  giving  notice  of  the  meeting  of  the  Annual  Conven- 
tion, he  shall  send  a  form  of  parochial  report,  and  of  certificate  by  which 
the  appointment  of  Lay  Delegates  is  to  be  certified.  If  the  Parish  or  Mis- 
sion be  vacant,  this  notice  shall  be  sent  to  the  Clerk. 

CANON   IV. 

OF  THE  TREASURER. 

Section  i.  It  shall  be  the  duty  of  the  Treasurer  to  receive  and  disburse 
all  money  collected  under  the  authority  of  the  Convention,  of  which  the 
collection  and  disbursement  shall  not  otherwise  be  regulated,  and  semi- 
annually to  notify  the  Treasurer  of  each  Parish  and  Mission  of  the  amount 
of  its  dues,  and  when  to  be  paid,  giving  twenty  days'  notice.  His  accounts, 
properly  audited,  shall  be  rendered  annually  to  the  Convention,  and  shall 
be  examined  by  the  Committee  on  Finance.  In  case  of  a  vacancy,  the 
Bishop  shall  appoint  a  Treasurer  for  the  unexpired  term. 

"Sec.  2.  The  Treasurer  of  the  District  shall  cx-officio  be  entitled  to  a 
seat  in  the  Convention,  and  to  a  voice  in  the  discussion  of  all  financial 
questions.  He  shall  be  ex-officio  a  member  and  Secretary  of  the  Commit- 
tee on  Finance. 

Sec.  3.  The  salary  of  the  Treasurer  of  the  District  shall  be  ($200)  two 
hundred  dollars  per  annum,  and  he  shall  act  as  Treasurer  of  the  Board  of 
Trustees  of  the  District,  if  the  Board  so  elects. 


8  CONSTITUTION  AND  CANONS 

Sec.  4.  Before  entering  upon  the  discharge  of  his  duties,  the  Treasurer 
shall  fde  with  the  Trustees  of  the  District  a  bond,  executed  to  them  on  be- 
half of  the  District  by  some  reliable  guarantee  company,  in  the  sum  of  five 
thousand  dollars,  for  the  faithful  performance  of  duty,  the  cost  of  which 
bond  shall  be  paid  by  the  District ;  and  all  moneys,  under  the  charge  of  the 
Treasurer,  belonging  to  the  District,  shall  be  kept  on  deposit,  in  the  name 
of  the  District,  subject  to  the  order  of  the  Treasurer  of  the  District,  with 
such  banking  institution  as  may  be  approved  by  the  Trustees  of  the  Dis- 
trict. 

CANON  V. 

OF   THE  REGISTRAR. 

It  shall  be  the  duty  of  the  Registrar  to  gather  and  preserve  all  such 
journals,  files,  papers,  reports,  catalogues,  and  other  documents  as  may  be 
useful  for  reference,  or  furnish  materials  for  the  history  of  the  Church  in 
the  District  of  Asheville,  and  to  hold  the  same  under  such  regulations  and 
restrictions  as  the  Convention  may  from  time  to  time  prescribe. 

CANON  VI. 

OF  THE  TRUSTEES. 

Section  i.  A  Board  of  five  Trustees  of  the  District,  to  hold  office  five 
years,  shall  be  elected  by  the  Convention,  who  shall  hold  all  property  of 
the  Missions  of  the  District,  and  of  such  Parishes  as  desire  to  have  their 
property  held  in  trust  by  the  Board,  and  who  shall  have  the  care  of  funds, 
such  as  those  derived  from  extinct  Parishes,  and  who  shall  have  care  of 
funds  for  the  support  of  the  Episcopate,  and  of  all  such  as  may  by  gift  or 
devise  for  any  special  purpose  become  the  property  of  the  District. 

Sec.  2.  At  the  first  election  of  Trustees  of  the  District  under  this  Canon, 
the  whole  number  shall  be  chosen;  but  the  term  of  one  (to  be  designated 
by  the  Board)  shall  expire  each  year,  so  that  every  year  after  the  first,  one 
Trustee  shall  be  elected,  and  vacancies  shall  be  filled  for  unexpired  terms. 

Sec.  3.  The  Board  of  Trustees  shall  elect  a  Treasurer,  who  shall  per- 
form the  duties  usually  pertaining  to  that  office.  Before  entering  upon  the 
discharge  of  his  duties,  said  Treasurer  shall  file  with  the  Trustees  a  satis- 
factory bond,  executed  to  them  on  behalf  of  the  District  by  some  reliable 
guarantee  company,  in  the  sum  of  five  thousand  dollars,  for  the  faithful 
performance  of  duty,  the  cost  of  which  bond  shall  be  paid  by  the  District. 
Said  Treasurer  shall  ex-officio  be  entitled  to  a  seat  in  all  District  Conven- 
tions, and  to  a  voice  in  the  discussion  of  all  financial  questions,  and  he 
shall  be  ex-officio  a  member  of  the  Finance  Committee.  The  Board  of 
Trustees  shall  also  appoint  a  Secretary,  who,  if  not  a  member  of  the  Board, 
shall  have  a  seat,  but  not  a  vote,  at  its  meetings.  , 

Sec.  4.  The  Bishop  shall  be  ex-officio  a  member  of  the  Board  of  Trus- 
tees, and,  if  present,  shall  preside  at  all  meetings  of  the  Board.  The 
Bishop  or  any  two  trustees  may  call  meetings  of  the  Board. 


CONSTITUTION   AND    CANONS  9 

CANON   VII. 

OF  THE  COUNCIL  OF  ADVICE. 

Section  i.  A  Council  of  Advice,  who  shall  perform  the  duties  of  a 
Standing  Committee  for  the  District,  shall  be  annually  appointed  by  the 
Bishop  in  accordance  with  Canon  14,  §  IV  [ii]  of  the  General  Convention. 

Sec.  2.  Any  three  of  the  Council,  the  whole  being  summoned,  provided 
one  be  a  Presbyter,  shall  be  a  quorum  for  the  transaction  of  business, 
when  convened  at  the  request  of  the  Bishop.  At  all  other  meetings  a  ma- 
jority of  the  members  shall  be  necessary  to  a  quorum.  It  shall  be  the  duty 
of  the  Secretary  of  the  Council  to  keep  a  faithful  record  of  the  proceed- 
ings in  a  book  provided  for  the  purpose;  to  preserve  the  original  of  all 
papers  or  letters  addressed  to  the  Council ;  to  attest  their  acts,  and  to  de- 
liver to  his  successor  all  books  and  papers  which  in  virtue  of  his  office 
have  been  committed  to  him.  The  minutes  of  the  Council,  and  all  other 
papers  in  their  hands  relative  to  the  Church,  shall  be  subject  to  examina- 
tion by  the  Bishop,  or  by  the  Convention.  A  report  of  the  acts  of  the 
Council  shall  be  made  annually  to  the  Convention. 

CANON  VIII. 

OF  DELEGATES  TO  THE  GENERAL  CONVENTION. 

Section  i.  The  Convention  shall,  at  each  regular  annual  meeting  next 
preceding  a  stated  meeting  of  the  General  Convention,  elect  one  Clergyman 
and  one  Layman,  to  act  as  Delegates  from  this  District  to  the  General  Con- 
vention. It  shall  also  elect  one  Clergyman  and  one  Layman,  as  Provisional 
Delegates,  which  Delegates  and  Provisional  Delegates  shall  represent  the 
District  until  their  successors  are  elected,  and  shall  represent  the  District 
in  any  General  Convention,  which  may  be  held  during  their  continuance  in 
office. 

Sec.  2.  It  shall  be  the  duty  of  the  Delegates-elect  to  signify  to  the 
Bishop,  at  least  ten  days  before  the  meeting  of  the  General  Convention, 
their  acceptance  of  the  appointment,  and  their  intention  to  perform  its  du- 
ties, and  in  case  the  Delegates  or  Provisional  Delegates  cannot  represent 
the  District  in  the  General  Convention,  the  Bishop  shall  appoint  one  or 
more  as  the  case  may  be,  to  supply  any  deficiency  in  the  representation  of 
this  District,  which  may  in  any  way  occur.  And  the  person  or  persons  so 
appointed  by  the  Bishop,  being  furnished  with  his  certificate  thereof,  shall 
have  all  the  power  and  authority  of  Delegates  duly  elected  by  the  Conven- 
tion. 

CANON   IX. 

OF  THE  DISTRICT  CONTINGENT  FUND. 

Section  i.  At  each  Annual  Convention  an  assessment  shall  be  made 
upon  the  several  Parishes  and  Missions  in  the  District,  according  to  the 
several  abilities  of  the  Parishes  and  Missions,  of  an  amount  sufficient  to 


io  CONSTITUTION  AND  CANONS 

satisfy  the  pecuniary  obligations  of  the  Convention,  embracing  all  contin- 
gent expenses. 

Sec.  2.  It  shall  be  the  duty  of  the  Vestry  of  each  Parish,  and  of  the  of- 
ficers of  each  Mission,  to  provide  for  the  collection  and  payment  of  such 
sums  as  shall  be  assessed  by  the  Convention  as  aforesaid;  and  the  same 
shall  be  transmitted  in  semi-annual  installments  to  the  Treasurer  of  the 
District. 

Sec.  3.  It  shall  be  the  duty  of  each  corporation  in  union  with  the  Con- 
vention and  of  each  organized  Mission,  to  render,  at  such  time  and  in  such 
manner  as  may  be  required  by  the  Convention,  a  true  and  faithful  account 
of  the  real  estate  and  other  property  owned  by  said  Parish  or  Mission, 
with  its  fairly  estimated  value,  and  also  a  statement  of  any  lien  or  encum- 
brance on  the  same,  or  any  part  thereof,  and  the  amount  of  interest  paid 
in  consequence  of  such  lien  or  encumbrance.  And  further,  it  shall  be  the 
duty  of  each  Parish,  or  Mission,  to  declare  the  full  amount  of  the  current 
expenditure  of  the  Parish  or  Mission,  and  of  all  money  expended  for  the 
same,  in  any  way  accruing  including  salaries  and  all  other  expenses. 

S53.  4.  There  shall  be  a  Finance  Committee  to  consider  and  advise  re- 
garding the  finances  of  the  District,  consisting  of  three  laymen,  appointed 
annually  by  the  Bishop,  of  which  committee  the  Bishop  shall  be  ex-officio 
a  member,  and  if  present  shall  preside  at  meetings  of  the  committee.  .The 
Treasurer  of  the  District,  and  the  Treasurer  of  the  Board  of  Trustees  shall 
be  ex-officio  members  of  the  Finance  Committee. 

Sec.  5.  The  Finance  Committee  shall  hold  such  meetings  as  may  be 
found  necessary,  one  of  which  shall  be  within  the  forty  days  immediately 
preceding  the  next  regular  Convention,  at  which  meeting  a  statement  shall 
be  prepared,  setting  forth  the  financial  condition  of  the  District,  and  esti- 
mates for  the  ensuing  year,  a  copy  of  which  shall  be  sent  to  each  Minister 
and  Parochial  Treasurer  and  Mission  Treasurer  of  the  District.  The  Com- 
mittee on  Finance  is  hereby  empowered  and  directed  to  base  assessments 
on  some  fixed  and  uniform  plan;  and  the  assessments  shall  be  payable,  one- 
half  August  1,  and  the  other  half  February  1. 

Applications  for  modification  or  remission  of  arrearages  in  the  Conti- 
gent  Fund  shall  be  in  writing,  directed  "To  the  Finance  Committee,"  and 
shall  contain  a  statement  of  the  number  of  collections  taken  in  the  Parish 
or  Mission  during  the  preceding  year  for  District  purposes,  and  the  results, 
and  the  grounds  upon  which  relief  is  asked,  and  the  reasons  for  the  failure 
to  make  the  regular  collections,  in  case  they  have  been  omitted. 

Sec.  6.  The  Contingent  expenses  of  the  District  shall  include  the  fol- 
lowing items : 

1.  Publishing  the  Journal  of  the  Convention,  and  such  other  docu- 
ments as  may  be  ordered  by  the  Convention. 

2.  The  salary  of  the  Secretary  of  the  District. 

3.  The  salary  of  the  Treasurer  of  the  District. 


CONSTITUTION  AND  CONONS  n 

4.  The  sum  of  $100  for  the  expenses  of  the  Gerical  Delegate  to  the 
General  Convention  in  attending  the  same. 

5.  The  necessary  expenses  of  members  of  the  Ecclesiastical  Court  in 
attendance  upon  Ecclesiastical  trials. 

6.  The  necessary  expenses  of  Examining  Chaplains  for  their  work. 

7.  The  necessary  expenses  of  the  Trustees  of  the  District  for  their 
work. 

8.  The  necessary  expenses  of  the  members  of  the  Council  of  Advice 
for  their  work. 

9.  The  necessary  expenses  of  the  Secretary  of  the  District  for  his 
work. 

10.  The  necessary  expenses  of  the  Registrar  of  the  District  for  his 
work. 

11.  Such  other  expenses  as  may  be  authorized  by  the  Convention. 

CANON  X. 

OF  NEW  PARISHES. 

Section  i.  In  order  to  the  formation  of  a  new  Parish,  the  written  con- 
sent of  the  Ecclesiastical  Authority  of  the  District  must  first  be  obtained, 
and  such  consent  shall  not  be  granted  until  evidence  is  given  of  the  ability 
of  the  Parish,  after  organization,  to  pay  a  salary  of  at  least  $700  per  an- 
num to  a  Rector. 

Sec.  2.  For  the  organization  of  a  Parish,  the  following  Article  of  As- 
sociation must  be  signed  by  at  least  twenty  persons  who  intend  to  be  sup- 
porters of  the  Parish  :  "We,  the  undersigned,  do  associate  ourselves  to- 
gether for  the  purpose  of  maintaining  the  worship  of  God,  and  the  preach- 
ing of  the  Gospel,  according  to  the  doctrine,  discipline,  and  worship  of  the 
Protestant  Episcopal  Church  in  the  United  States  of  America,  under  the 

name  of  the  Parish  of  Church,  in  the  town  and 

county  of  ,  and  State  of  North  Carolina,  and  promise  con- 
formity to  the  Constitution  and  Canon  of  the  General  Convention  and  of 
the  District  of  Asheville." 

Sec.  3.  After  twenty  persons  have  signed  the  Article  of  Association,  a 
meeting  of  the  same  may  be  called  on  ten  days'  notice.  At  this  meeting 
Vestrymen  shall  be  elected,  a  name  for  the  Parish  adopted,  and  such  other 
steps  taken  as  are  necessary  for  the  incorporation  of  the  Parish  under  the 
laws  of  the  State.  The  minutes  of  the  meeting  shall  be  recorded  in  a  book 
to  be  kept  as  a  record  of  the  proceedings  of  the  Vestry  and  Parish  meet- 
ings, in  which  shall  be  recorded  the  Article  of  Association. 

Sec.  4.  A  certified  copy  of  the  Article  of  Association,  and  a  copy  of  the 
minutes  of  the  meeting  for  organizing  the  Parish,  shall  be  sent  to  the 
Bishop  without  delay,  together  with  notice  that  the  Parish  will  apply  for 
admission  into  union  with  the  Convention.     At  a  subsequent  Convention 


12  CONSTITUTION  AND   CANONS 

this  application  shall  be  made,  and  for  this  purpose  certified  copies  of  the 
aforesaid  papers  shall  be  presented. 

Sec.  5.  Any  Parish  which  shall  deem  its  rights  encroached  upon,  or  its 
prosperity,  or  usefulness  endangered  by  the  proposed  location  in  its  vicinity 
of  a  Church  or  Chapel  of  another  Parish,  may  present  the  matter  of  the 
threatened  intrusion  to  the  Bishop  of  the  District,  and  ask  his  fatherly  in- 
terposition in  its  behalf.  In  such  case  the  Bishop  may  call  for,  and  appoint 
the  time  and  place  of,  a  conference  of  delegates  from  the  Parishes  in  inter- 
est. But,  if  such  conference,  with  the  godly  advice  of  the  Bishop,  shall  not 
result  in  an  amicable  adjustment  of  the  difference  between  the  parties 
thereto,  the  Bishop,  or  either  party  in  the  conflict,  may  lay  the  matter  at 
issue  before  the  Council  of  Advice  of  the  District,  and  the  decision  of  the 
Council  of  Advice,  with  the  approval  of  the  Bishop,  shall  be  final. 

CANON  XI. 

OF  THE  VESTRY. 

Section  i.  In  every  Parish  in  the  District,  annually,  on  the  second  Mon- 
day in  January,  at  an  hour  of  which  public  notice  shall  have  been  given, 
after  prayer,  there  shall  be  held  a  Parish  Meeting  for  the  election  of  a 
Vestry  to  consist  of  not  fewer  than  five  nor  more  than  ten  members,  who 
shall  continue  in  office  until  their  successors  are  chosen.  The  Rector  of  the 
Parish,  if  present,  shall  preside  at  Parish  Meetings.  In  his  absence,  the 
order  of  priority  for  the  presiding  officer  shall  be  ex-officio  : 

1.  The  Senior  Warden. 

2.  The  Junior  Warden. 

3.  The  Secretary  of  the  Vestry. 

Should  none  of  the  foregoing  officers  be  present,  the  Parish  Meeting 
may  elect  any  one  of  its  members  to  preside. 

Sec.  2.  Should  fewer  than  eighteen  persons  qualified  to  vote  for  Ves- 
trymen attend  the  Parish  Meeting,  and  should  the  Rector  and  one  Warden, 
or  the  presiding  officer  and  one-sixth  of  those  present,  concur  in  believing 
that  the  best  interest  of  the  Parish  demands  the  postponement  of  an  election, 
then  such  presiding  officer  shall  declare  the  election  postponed,  and  the  Par- 
ish Meeting  shall  adjourn  to  a  designated  day  and  hour,  not  fewer  than 
seven  nor  more  than  fourteen  days  after  said  second  Monday  in  January ; 
and  public  notice  having  been  given  of  such  adjourned  meeting,  it  shall 
possess  the  powers  and  be  subject  to  the  rules  of  a  regular  Parish  Meeting. 
^  Sec.  3.  With  the  consent  of  the  Bishop  and  Council  of  Advice  of  the 
District,  Parishes,  which  cannot  hold  a  Parish  Meeting  at  the  time  specified 
in  Sec.  1  of  this  Canon,  may  hold  their  Annual  Parish  Meeting  for  the  elec- 
tion of  a  Vestry  at  a  more  convenient  time  of  the  year.  Public  notice  of 
the  time  and  place  of  such  meeting  must  be  given  at  least  fourteen  days 
before  the  meeting  is  to  be  held. 


CONSTITUTION   AND   CANONS  13 

Sec.  4.  The  Vestry  shall,  upon  nomination  of  the  Rector,  elect  two  of 
its  members,  one  as  Senior  Warden  and -the  other  as  Junior  Warden. 

Sec.  5.  The  Vestry  shall  elect  a  Secretary,  whose  duty  it  shall  be  to  take 
and  record  the  minutes  of  their  proceedings,  attest  the  public  acts  of  the 
Vestry,  preserve  all  records  and  papers  belonging  to  the  Parish,  not  other- 
wise provided  for,  perform  such  other  duties  as  shall  be  legally  assigned  to 
him,  and  faithfully  deliver  to  his  successor  all  books  and  documents  in  his 
possession  belonging  to  the  Parish. 

Sec.  6.  A  Treasurer  shall  also  be  elected,  to  receive,  disburse  and  ac- 
count for  the  funds  of  the  Parish. 

Sec.  7.  In  electing  a  Vestry,  no  person  shall  be  allowed  to  vote  who  is 
not  at  the  time  of  such  voting  an  adherent  of  the  Protestant  Episcopal 
Church  and  at  least  twenty-one  years  of  age,  and  who  has  not  for  at  least 
six  months  immediately  preceding  such  election  rented  a  pew,  or  portion 
of  a  pew,  or  by  a  subscription  or  otherwise  contributed  regularly  to  the 
support  of  the  Parish ;  nor  shall  any  person  vote  in  a  Parish  who  is  not  a 
bona  fide  member  of  the  same. 

Sec.  8.  To  be  eligible  as  a  Vestryman,  one  must  be  a  layman,  and  to  be 
a  Warden,  one  must  be  a  communicant. 

Sec.  9.  It  shall  be  the  duty  of  the  Vestry  to  take  charge  of  the  property 
of  the  church,  to  regulate  all  its  temporal  concerns,  to  elect  and  call  a  Min- 
ister in  accordance  with  the  provisions  of  Canon  12,  and  provide  for  his 
maintenance,  to  provide  for  paying  all  lawful  assessments  on  the  Parish, 
to  keep  order  in  the  church  during  divine  service,  and,  in  general  to  act  as 
helpers  to  the  Minister  in  whatever  is  appropriate  to  laymen,  for  the  fur- 
therance of  the  Gospel;  it  being  understood,  always,  that  the  spiritual  con- 
cerns of  the  church  are  under  the  exclusive  direction  of  the  Minister  in 
subordination  to  the  Ecclesiastical  Authority  and  laws  of  the  District. 

Sec.  10.  The  order  of  priority  for  the  presiding  officer  at  Vestry  Meet- 
ings shall  be  the  same  as  is  prescribed  in  Section  one  of  this  Canon. 

Sec.  11.  It  shall  be  the  duty  of  the  Wardens,  especially,  to  provide  the 
elements  for  the  Lord's  Supper,  to  collect  the  alms  at  the  administration 
of  the  same,  to  keep  and  disburse  such  alms  in  case  the  Church  is  desti- 
tute of  a  Minister,  and  while  the  Church  is  destitute  of  a  Minister,  to  pro- 
vide for  the  holding  of  public  worship,  and  the  instruction  of  the  congre- 
gation, by  occasional  clerical  services,  or  by  lay-reading,  as  the  circum- 
stances may  permit.  Meetings  of  the  Vestry  may  be  called  by  the  Rector, 
or,  in  his  absence,  at  the  request  of  a  majority  of  members  by  the  Senior 
Warden. 

Sec.  12.  •  Vacancies  occurring  in  the  Vestry  during  the  year,  may  be 
filled  by  the  remaining  members.  If  the  Vestry  should  become  extinct  or 
incapacitated  for  action  by  the  death  or  resignation  of  its  members,  the 
Bishop  may  call  a  special  Parish  Meeting  (giving  due  notice  thereof)  to 
elect  a  Vestry  to  serve  till  the  second  Monday  in  January  next  following; 


i4  CONSTITUTION  AND  CANONS 

and,  if  the  Parish  shall  refuse  or  neglect  to  assemble  and  elect  a  Vestry 
as  herein  provided,  the  Bishop,  with  the  advice  and  consent  of  the  Council 
of  Advice,  may  appoint  three  Trustees  to  take  charge  of  the  property  of 
the  Parish,  and  to  exercise  all  the  rights  and  functions  of  a  Vestry,  until 
the  Parish  shall  elect  a  Vestry  under  the  provisions  of  this  Canon. 

CANON  XII. 

OF    VACANT    PARISHES. 

The  filling  of  vacancies  shall  be  governed  in  all  particulars  in  ac- 
cordance with  the  provisions  of  Canon  15  of  the  General  Convention. 

CANON  XIII. 

OF    EXTINCT   PARISHES. 

Section  1.  Whenever,  in  the  opinion  of  the  Bishop,  a  Parish  has  failed 
in  the  purposes  of  its  organization,  he  may  report  the  case  to  the  Conven- 
tion. 

Sec.  2  Whenever  the  Bishop  and  Council  of  Advice  think  it  advisable 
to  call  upon  the  Convention  to  declare  any  Parish  extinct,  before  a  vote  is 
taken,  the  question,  with  all  the  evidence  tending  to  prove  or  disprove  the 
existence  of  the  facts  upon  which  declaration,  under  the  law,  must  be 
founded,  shall  be  referred  to  the  Committee  on  Canons,  and  a  report  made 
by  that  Committee,  on  a  day  subsequent  to  the  day  of  reference,  recom- 
mending what  action  should,  in  the  opinion  of  the  Committee,  be  taken  by 
the  Convention,  accompanied  by  a  written  or  oral  statement  of  the  evidence 
placed  before  the  Committee.  And  if  two-thirds  of  the  members  present 
vote  in  favor  of  declaring  the  Parish  extinct,  said  Parish  shall  become  and 
be  extinct,  and  title  to  all  the  property  shall  at  once  vest  in  the  Trustees 
of  the  District. 

CANON  XIV. 

OF  PARISH   REGISTERS   AND  REPORTS. 

Section  i.  Every  Minister  of  this  District  shall  keep  a  record  of  all 
Families,  Baptisms,  Confirmations,  Marriages  and  Funerals  within  his  cure, 
specifying  the  name,  time,  and  place  of  birth,  parents  and  sponsors  of  each 
person  baptized ;  the  time  when  persons  became  communicants  under  his 
charge,  and  whether  by  confirmation,  transfer  from  some  other  Parish,  or 
otherwise.  This  record  shall  be  kept  by  the  Minister  in  a  suitable  book,  to 
be  called  the  Parish  Register,  provided  by  and  belonging  to  the  Vestry  of 
the  Parish  which  he  serves,  which  book  shall  be  a  part  of  the  records  of 
the  Parish. 

Sec.  2.  Every  Minister  shall  on,  or  immediately  after,  the  first  day  of 
January  of  each  year,  present  or  send  to  the  Bishop  or  to  the  Secretary  of 
the  Convention  a  report  of  his  official  acts,  and  a  statement  of  the  condi- 
tion of  the  Parish  or  Missions  under  his  charge,  according  to  such  form  as 
shall  be  furnished  by  the  Ecclesiastical  Authority  of  the  District,  covering 
the  Year  ending  December  31  of  each  year. 


CONSTITUTION  AND  CANONS  15 

Sec.  3.  The  report  shall  include  the  financial  condition  of  the  Parish 
or  Mission  as  furnished  by  the  Treasurer  of  the  Parish  or  Mission. 

CANON  XV. 

OF   THE    MISSIONARY    INTERESTS. 

Section  i.  The  general  care  and  management  of  the  Missionary  inter- 
ests of  the  Church  in  the  District,  and  the  duty  of  promoting  the  co-opera- 
tion of  our  congregations  with  the  General  Board  of  Missions,  are  en- 
trusted to  a  Missionary  Committee,  which  shall  consist  as  follows :  Ex- 
officio,  the  Bishop  of  the  District,  who,  if  present,  shall  preside  at  all  meet- 
ings;  Ex-officio,  the  Archdeacon  or  General  Missionary,  if  there  be  one; 
Ex -officio,  the  Deans  of  the  Convocations ;  Ex-officio,  the  Treasurer  of  the 
District,  who  shall  act  as  Treasurer  of  the  Missionary  Committee;  by  an- 
nual election  of  Convention,  one  Clergyman  and  one  Layman  from  each 
Convocational  district ;  and  such  other  members  as  the  foregoing  members 
shall  elect  into  the  Committee. 

Sec.  2.  This  Committee  shall  be  charged  with  the  appointment  of  Mis- 
sion Stations  and  Missionaries ;  but  no  Mission  Station  shall  be  established 
nor  Missionary  appointed  except  upon  the  nomination  of  the  Ecclesiastical 
Authority  of  the  District. 

Sec.  3.  The  Missionary  Committee  shall  meet  quarterly  at  such  time 
and  place  as  the  Bishop  may  appoint,  or  as  may  be  found  convenient  on 
their  own  adjournment.  Three  members,  if  one  of  them  is  a  Clergyman, 
shall  constitute  a  quorum. 

Sec.  4.  The  Missionary  Committee  shall  appoint  a  Secretary,  who,  if 
not  already  a  member  of  the  Committee,  shall  thereby  become,  ex-officio  a 
member. 

Sec.  5.  All  moneys  received  for  the  purposes  of  the  District  Missionary 
Committee  shall  be  appropriated  under  its  direction ;  but  it  shall  be  the 
privilege  of  contributors  to  the  Missionary  cause  to  designate  the  particular 
object  to  which  their  contribution  shall  be  applied. 

Sec.  6.  The  Missionary  Committee  shall  make  through  its  Secretary  an 
annual  report  to  the  Convention  of  the  District,  which  report  shall  give  a 
statement  of  the  amounts  of  money  expended  for  District  Missions  and 
for  General  Missions,  with  the  methods  adopted  for  raising  the  amounts 
expended. 

CANON  XVI. 

OF    MISSION    STATIONS. 

Section  1.  A  Mission  Station,  when  adopted  by  the  Ecclesiastical  Au- 
thority and  Missionary  Committee,  shall  be  duly  organized  by  the  appoint- 
ment of  a  Missionary,  who,  with  the  consent  and  by  the  authority  of  the 
Committee  shall  appoint  a  Warden,  a  Clerk,  and  a  Treasurer  of  the  Mis- 
sion, charged  with  its  temporal  interests,  which  officers  shall  be  reported 
by  the  Missionary-in-charge  to  the  Missionary  Committee  at  its  first  meet- 


16  CONSTITUTION  AND    CANONS 

ing  after  the  appointment,  and  the  organization  of  the  Mission  shall  date 
therefrom. 

Sec.  2.  Application  for  organization  shall  be  made  in  the  first  instance 
to  the  Bishop  in  the  following  form : 

Rt.  Rev.  and  Dear  Sir  : — We,  the  undersigned,  residents  of  , 

county   of  ,   District  of  Asheville,  having  built  or  secured  a 

place  of  worship,  and  being  desirous  of  obtaining  the  services  of  the  Prot- 
estant Episcopal  Church,  and  being  ready,  according  to  our  ability,  to  sus- 
tain the  same,  do  hereby  request  you  to  inquire  into  our  estate,  and  pro- 
vide for  us  as  you  may  deem  proper  and  expedient.  We  do  hereby  de- 
clare ourselves,  individually  and  collectively,  ready  to  do  what  in  us  lies  to 
establish  and  sustain  the  regular  worship  of  the  said  Church,  and  promote 
its  influence  in  our  neighborhood;  and  we  promise  conformity  to  its  doc- 
trines, discipline,  liturgy,  rites,  and  usages.  We  put  ourselves  under  your 
charge,  and  will  reverently  obey  your  authority.  We  promise  conformity 
to  the  Constitution  and  Canons  of  the  General  Convention,  and  of  the  Dis- 
trict of  Asheville.  In  accordance  with  these  obligations,  we  now  ask  the 
privilege  of  being  organized  as  a  Mission,  under  the  name  of ." 

Sec.  3.  All  property  of  a  Mission  Station  shall  be  vested  in  the  Board 
of  Trustees  of  the  District. 

Sec.  4.  It  shall  be  the  duty  of  every  Mission  duly  organized  and  of 
every  Parish,  which  is  aided  by  the  Missionary  Committee,  to  pledge  and 
to  pay  an  annual  sum,  satisfactory  to  the  Committee,  into  its  treasury  in 
quarterly  payments. 

CANON   XVII. 

OF  CONVOCATIONS. 

Section  i.  The  District  shall  be  divided  by  the  Bishop  into  Convoca- 
tions, not  more  than  three  in  number,  and  the  Clergy  within  the  several 
Convocations  with  Laymen  appointed  by  the  Rectors  and  Ministers-in- 
charge  from  their  Parishes  and  Missions,  shall  meet  at  such  time  and  place 
as  each  Convocation  may  determine,  or  at  the  call  of  the  Bishop  or  Dean 
of  the  Convocation. 

Sec.  2.  The  officers  of  Convocation  shall  be  Dean,  Secretary,  and  Treas- 
urer, which  shall  be  elected  annually  by  the  Convocation ;  the  Dean  shall  be 
qualified  for  office  when  his  appointment  is  approved  by  the  Bishop. 

Sec.  3.  The  Dean  shall  preside  at  all  meetings  of  the  Convocation,  and 
shall  superintend  so  much  of  the  work  of  Convocation  as  the  Bishop  may 
commit  to  his  charge. 

Sec.  4.  The  objects  of  Convocation  shall  be:  To  devise  plans  for  the 
extension  of  the  Church  within  the  limits  of  the  Convocation  ;  to  afford  an 
opportunity  for  the  Clergy  to  come  together  for  conference ;  to  hold  public 
services  with  discussions  of  religious  topics  of  general  interest. 

Sec.  5.  Each  Convocation  shall  make  an  annual  report,  through  its 
Dean,  to  the  Convention. 


CONSTITUTION   AND    CANONS  17 

CANON   XVIII. 

OF  THE  EDUCATION   COMMITTEE. 

Section  i.  There  shall  be  appointed  by  the  Bishop,  at  each  annual  Con- 
vention of  the  District,  a  committee,  consisting  of  five  members,  three 
Clerical  and  two  Lay,  who  shall  be  called  the  Education  Committee,  of 
which  committee  the  Bishop  of  the  District  and  the  Archdeacon  shall  ex- 
ofhcio,  be  members. 

Sec.  2.  The  Education  Committee  shall  be  charged  with  the  appoint- 
ment and  regulation  of  beneficiaries  of  its  funds;  with  the  collection  and 
appropriation  of  funds  for  educational  purposes ;  with  the  appointment  of 
-  teachers  in  the  Mission  Schools  of  the  District,  and  with  the  general  super- 
vision of.  such  schools ;  and  with  all  other  business  belonging  thereto. 

Sec.  3.  It  shall  be  the  privilege  of  contributors  to  the  Education  cause 
to  designate  the  particular  object  to  which  their  contributions  shall  be  ap- 
plied ;  otherwise  all  contributions  for  education  shall  be  at  the  disposal  of 
the  Committee. 

Sec.  4.  The  Committee  shall  elect  its  own  Secretary,  who,  if  he  be  not 
a  member  of  the  Committee,  shall  thereby  become  a  member.  The  Treas- 
urer of  the  District  shall  act  as  Treasurer  of  the  Committee.  The  Bishop 
shall  call,  and  preside  at,  all  meetings  of  the  Committee. 

Sec.  5.  A  report  shall  be  made  annually  by  the  Committee,  through  its 
Secretary,  to  the  Convention  of  the  District. 

CANON   XIX. 

OF  LAY  READERS. 

No  one  shall  be  considered  as  authorized  to  officiate  as  Lay  Reader  in 
this  District,  except  in  case  of  particular  emergency,  without  a  written 
license  from  the  Ecclesiastical  Authority  of  the  District,  and  Lay  Readers 
shall  in  all  cases  conform  to  the  provisions  of  Canon  23  of  the  General 
Convention. 

CANON   XX. 

OF  THE  TRIAL  OF   A   PRESBYTER  OR   DEACON. 

Section  i.  Whenever  any  Presbyter  or  Deacon  of  the  District  shall  be 
thought  to  be  guilty  of  any  misconduct,  for  which,  according  to  Canon  23, 
of  the  General  Convention,  he  is  liable  to  be  tried,  application  may  be  made 
in  writing  with  the  name  of  everyone  engaged  in  the  application  subscribed, 
to  the  Council  of  Advice,  and,  if  it  appear  to  them  that  the  evidence  is  suf- 
ficient to  demand  a  trial,  they  shall  forthwith  present  the  Clergyman  to  the 
Bishop,  accordingly;  the  presentment  shall  be  made  in  writing,  signed  by  a 
majority  of  the  Council  of  Advice,  and  specifying  with  as  much  accuracy 
as  possible,  the  offence  or  offences,  with  particulars  of  time,  place  and  cir- 
cumstances;  and  every  Clergyman  in  this  District,  may,  for  himself,  re- 
quest of  the  Council  of  Advice,  the  inquiry  provided  for  in  this  section,  in 


18  CONSTITUTION  AND  CANONS 

which  case  it  shall  be  instituted,  and  shall  proceed  according  to  the  provis- 
ions of  this  Canon. 

Sec.  2.  There  shall  be  elected  triennially,  by  ballot,  by  the  Convention, 
from  the  Presbyters  entitled  to  seats,  not  members  of  the  Council  of  Ad- 
vice, five,  who  shall  be  a  Court  for  the  trial  of  Presbyters  or  Deacons.  No 
ballot  shall  have  more  than  three  names  thereon,  and  the  five  having  the 
largest  number  of  votes  shall  be  the  Court.  Vacancies  may  be  filled  by  the 
Council  of  Advice,  subject  to  the  approval  of  the  next  Convention,  by  a 
vote  of  three-fourths  of  the  members  present.  The  member  of  the  Court 
of  longest  continuous  canonical  residence  in  the  District  shall  be  its  Pres- 
ident. 

Sec.  3.  Said  members  of  said  Court  chosen  as  aforesaid,  shall,  for  each 
and  every  trial  and  case  that  may  be  brought  before  them,  appoint  some 
person  learned  in  law  who  is  a  communicant  of  this  Church  and  a  citizen 
of  North  Carolina,  their  legal  adviser,  who  shall  sit  with  them  on  such 
trial  or  case,  and  shall  advise  said  Court  upon  all  questions  of  law,  both 
civil  and  ecclesiastical,  and  as  to  all  rules  and  forms  of  procedure.  Said 
legal  adviser  may  preside  at  the  request  of  the  Court,  or  the  Court  may  at 
its  option  elect  any  one  of  its  members  to  preside  during  the  trial.  Before 
entering  upon  the  trial  of  any  Minister  who  shall  have  been  duly  presented 
for  trial  under  this  Canon,  or  pending  any  such  trial,  and  with  the  ap- 
proval, in  all  cases,  of  the  Bishop  of  the  District,  said  Court  shall  be  au- 
thorized as  a  Court  of  Conciliation,  to  adjust  and  dispose  of  the  matter  so 
presented  amicably,  and  without  any  public  trial,  in  case,  in  their  judgment, 
it  shall  be  advisible  to  do  so,  and  with  the  approval  of  the  Bishop,  as 
aforesaid.  And  in  case  of  such  amicable  adjustment,  a  certificate  thereof, 
signed  by  the  President  of  the  Court,  and  approved  by  the  Bishop,  shall  be 
sent  to  the  Council  of  Advice. 

Sec.  4.  A  written  notice  of  the  time  apd  place  of  the  first  meeting  of 
the  Court  for  any  trial,  with  a  copy  of  the  presentment,  shall  be  served  at 
least  thirty  days  before  such  meeting,  on  the  accused;  and  also  notice  of 
the  time  and  place  of  meeting  on  the  Council  of  Advice;  who,  by  their 
President,  or  one  of  their  members  whom  they  may  appoint  for  the  pur- 
pose, shall  prosecute  the  case,  and  present  such  oral  or  documentary  evi- 
dence to  substantiate  the  accusation,  as  they  may  be  able  to  obtain. 

Sec.  5.  If,  at  the  time  of  first  meeting  of  the  Court,  the  whole  number 
be  not  present,  then  those  present  may  adjourn  from  time  to  time;  and  if  it 
shall  appear  that  the  whole  number  will  attend  within  a  reasonable  time, 
those  who  do  attend,  being  not  fewer  than  three,  shall  proceed  to  trial  and 
a  majority  shall  decide  all  questions;  but  a  majority  of  the  whole  Court 
shall  be  required  to  render  final  judgment. 

Sec.  6.  If  a  clergyman  shall,  before  the  Court  meets,  confess  the  truth 
of  the  facts  of  which  he  is  accused,  the  Bishop  may  immediately  proceed 
to  pass  sentence ;  otherwise  the  accused  shall  be  considered  as  pleading  not 
guilty. 


CONSTITUTION  AND  CANONS  19 

Sec.  7.  In  case  a  Clergyman  presented  and  notified  as  above  directed 
shall  not  appear  before  the  Court  appointed  for  his  trial,  the  Court  may 
proceed  as  if  he  were  present;  unless  they  shall  see  fit  to  adjourn  till  an- 
other day.  And  if  the  accused  shall  neglect  or  refuse  to  appear  before  the 
Court,  after  due  presentment  and  notification,  and  no  sufficient  reason  for 
such  neglect  or  refusal  be  given,  the  Court  shall  report  him  to  the  Bishop 
for  contumacy,  and  sentence  of  suspension  from  the  Ministry  shall  pass 
against  him  accordingly;  but  the  sentence  may  be  reversed  by  the  Bishop, 
if,  within  three  calendar  months,  the  accused  shall  tender  himself  ready, 
and  accordingly  appear  and  receive  his  trial ;  but,  if  he  shall  not  so  tender 
himself,  the  Bishop,  in  view  of  the  acts  alleged  in  the  presentment,  shall 
proceed,  if  he  thinks  proper,  to  pronounce  sentence  of  degradation  from 
the  Ministry. 

Sec.  8.  The  Court  shall  choose  a  Secretary,  who  shall  be  from  their 
own  number,  or  otherwise,  as  they  determine,  and  before  proceeding  to 
trial,  they  shall  adopt  and  declare  the  rules  by  which  the  trial  shall  be  con- 
ducted ;  provided,  however,  that  both  parties  may  employ  and  be  repre- 
sented in  such  trial  by  counsel,  not  exceeding  two  for  each,  who  shall  be 
communicants  of  this  Church,  and  citizens  of  North  Carolina. 

Sec.  9.  When  the  Court  proceed  to,  trial,  they  shall  hear  such  evidence 
as  may  be  produced ;  and  all  oral  evidence  shall  be  reduced  to  writing  by 
the  Secretary  and  signed  by  the  witnesses  respectively;  and  some  officer, 
authorized  by  the  law  to  administer  oaths,  may,  at  the  desire  of  either 
party,  be  requested  to  administer  an  oath  or  affirmation  to  the  witnesses ; 
and  the  examination  of  witnesses  and  all  the  proceedings  of  the  trial  shall 
be  in  public,  if  desired  by  the  accused. 

Sec.  10.  Any  Presbyter  who  shall,  without  sufficient  excuse,  refuse  or 
neglect  to  act  as  Trier  or  Church  Advocate,  or  any  clerical  or  lay  com- 
municant who  shall,  without  sufficient  excuse,  refuse  or  neglect  to  testify 
as  a  witness  when  duly  appointed  or  summoned,  under  the  Canon,  shall  be 
regarded  and  may  be  dealt  with  as  any  other  violator  of  the  laws  of  the 
Church. 

Sec.  11.  Application  being  made  to  the  Bishop  by  either  party  setting 
forth,  satisfactorily,  that  any  material  witness  cannot  be  procured  upon  the 
trial,  the  Bishop  may  appoint  some  clergyman  or  layman  to  act  as  a  Com- 
missioner to  take  the  testimony  of  such  witness ;  and  the  party  applying  as 
above  shall  give  to  the  other  party  at  least  five  days'  notice  of  the  time  and 
place  of  the  taking  the  testimony ;  or  such  longer  notice  as  the  Bishop  may, 
in  writing,  direct.  And  both  parties  may  attend  and  examine  the  witness, 
and  the  questions  and  answers  shall  all  be  reduced  to  writing,  and  signed 
by  the  witness,  and  shall  be  certified  by  the  Commissioner,  and  enclosed 
under  his  seal,  and  transmitted  to  the  Court,  and  received  by  them  as  evi- 
dence. A  witness  examined  before  such  a  Commissioner  may  be  sworn  or 
affirmed  in  manner  aforesaid. 


20  CONSTITUTION  AND    CANONS 

Sec.  12.  The  Court,  after  considering  the  evidence,  shall  declare,  in  a 
writing  signed  by  them,  or  a  majority  of  them,  their  decision  on  the 
charges  contained  in  the  presentment,  distinctly  stating  whether  they  find 
the  accused  guilty  or  not  guilty  of  such  charges,  respectively;  which  deci- 
sion, together  with  the  evidence  and  an  attested  record  of  all  the  proceed- 
ings, shall  be  delivered  to  the  Bishop,  accompanied  with  an  opinion  of  the 
Court  as  to  what  sentence  should  be  pronounced;  whereupon  the  Bishop 
shall  pronounce  such  sentence  as  shall  appear  to  him  to  be  proper ;  pro- 
vided the  same  do  not  exceed  in  severity  the  sentence  recommended  by 
the  Court,  and  such  sentence  shall  be  final.  But  the  Bishop,  if  satisfied 
that  justice  require  it,  may  give  a  new  trial  to  the  accused,  in  which  case 
the  proceedings  shall  be  conducted  as  before  provided. 

Sec.  13.  If  the  Bishop  of  the  District  be  connected  by  consanguinity  or 
affinity  with  the  party  accused,  he  may  request  some  other  Bishop,  from 
one  of  the  adjoining  dioceses,  who  is  not  connected  by  consanguinity  or 
affinity  with  the  party  accused,  to  express  his  judgment  on  the  decision  of 
the  Court,  to  which  judgment  the  Bishop  of  the  District  shall  conform  in 
passing  sentence  or  granting  a  new  trial.  And  if  the  District  be  vacant, 
the  members  of  the  Council  of  Advice  shall  request  the  services  of  such 
Bishop  as  they  may  find  most  convenient,  for  the  performance  of  all  such 
acts  as  are,  by  this  Canon,  required  to  be  done  by  the  Bishop  of  the  Dis- 
trict. 

CANON   XXI. 

OF   THE  DISSOLUTION   OF   THE    PASTORAL   RELATIONS. 

All  differences  between  Ministers  and  their  congregations  shall  be  de- 
termined according  to  the  provisions  of  Canon  39  of  the  General  Con- 
vention. 

CANON    XXII. 

OF  REGULATIONS  RESPECTING  THE  LAITY. 

All  regulations  respecting  the  removal  and  repulsion  of  communicants 
shall  be  in  accordance  with  the  provisions  of  Canon  39  of  the  General 
Convention. 

CANON    XXIII. 

OF  THE  SUSPENSION  OF  A  PARISH. 

Section  i.  Among  the  causes  for  which  a  Parish  may  be  dealt  with  un- 
der Article  XI  of  the  Constitution,  are  the  following: 

1.  Employing  a  Clergyman  under  Ecclesiastical  censure. 

2.  Permitting  a  Church  edifice  to  be  used  for  purposes  incompatible 
with  its  consecration. 

3.  A  failure  to  pay  reasonable  assessments. 

4.  A  failure  to  report  its  true  financial  condition  when  called  for. 

5.  Any  persistent  course  inconsistent  with  the  doctrine,  discipline  or 
worship  of  this  Church. 


CONSTITUTION   AND   CANONS  21 

Sec.  2.  No  Parish  shall  have  its  connection  with  the  District  wholly 
dissolved  under  Article  XI  of  the  Constitution,  until  the  alleged  delin- 
quency shall  have  been  carefully  investigated  by  a  committee  of  Laymen, 
after  due  notice  to  the  Parish.  The  action  of  the  Convention  shall  be  upon 
the  report  of  such  committee. 

CANON    XXIV. 

OF  THE  SOLEMNIZATION  OF   MATRIMONY. 

In  the  solemnization  of  matrimony,  ministers  shall  be  governed  by  the 
provisions  of  Canon  40  of  the  General  Convention. 

CANON    XXV. 

OF  THE  CHURCH    PENSION   FUND. 

Section  i.  In  conformity  with  the  legislation  adopted  by  the  General 
Convention  of  1913,  setting  forth  the  principles  upon  which  a  pension  sys- 
tem for  the  Clergy  of  the  Church  and  their  dependents  should  be  con- 
structed, pursuant  to  which  the  corporation,  The  Church  Pension  Fund, 
has  been  created  to  carry  these  principles  into  effect,  the  Missionary  Dis- 
trict of  Asheville  adopts  the  system  of  the  Church  Pension  Fund. 

Sec.  2.  The  Bishop  shall  appoint,  annually,  a  committee  on  the  Church 
Pension  Fund,  to  consist  of  two  clergymen  and  three  laymen.  The  duties 
of  the  committee  shall  be  as  follows : 

1.  To  furnish  annually  to  the  Church  Pension  Fund  a  list  of  the 
clergy  canonically  resident  in  this  District,  and  of  the  clergy  canonically 
resident  in  other  Dioceses  or  Missionary  Districts  licensed  to  officiate  in 
this  District,  with  a  statement  of  the  stipends  received  by  each  of  said 
clergymen  from  any  Parish  or  Mission  in  this  District  or  other  organiza- 
tion in  this  District  which  either  is  subject  to  this  Convention,  or  being 
engaged  in  religious  or  charitable  work  as  a  Church  institution  elects  to 
come  into  the  Church  Pension  Fund. 

2.  To  receive  from  the  Church  Pension  Fund  annually  a  statement  of 
the  premiums  necessary  to  be  paid  by  each  of  said  Parishes,  Missions,  or 
other  organizations  in  order  that  the  clergymen  in  receipt  of  stipends  from 
them  may  be  entitled  respectively  to  pensions. 

3.  To  inform  the  authorities  of  each  of  the  said  Parishes,  Missions 
and  other  organizations  of  the  premiums  payable  by  them,  and  of  the  time 
and  manner  of  payment  thereof. 

4.  To  elect  a  Treasurer  who  may  or  may  not  be  a  member  of  the  said 
committee,  who  shall  be  required  to  give  a  bond  satisfactory  to  the  com- 
mittee, and  whose  duty  it  shall  be  to  receive  from  all  of  the  said  Parishes, 
Missions  and  other  organizations,  the  aforesaid  premiums  and  to  transmit 
the  same  to  the  Treasurer  of  the  Church  Pension  Fund. 

5.  To  inform  the  Church  Pension  Fund  from  time  to  time  of  the  clergy 


22  CONSTITUTION  AND  CANONS 

and  the  widows  and  minor  orphans  of  clergy,  who  may  be  entitled  in  re- 
spect of  this  District  to  receive  pensions  from  the  Church  Pension  Fund. 

6.  In  general,  to  inform  the  clergy  and  laity  of  the  District  of  the 
pension  system  created  by  the  General  Convention,  and  committed  by  it  to 
the  operation  of  the  Church  Pension  Fund,  whereby  the  clergy  of  the 
Church  are  assured  of  pensions,  as  of  right  to  themselves  in  the  event  of 
old  age,  or  disability,  and  in  the  event  of  death,  to  their  widows  and  minor 
orphans,  and  to  do  all  things  that  may  be  necessary  or  advisable  in  the 
premises  to  the  end  that  the  moneys  necessary  to  be  paid  by  the  Parishes, 
Missions,  and  other  ecclesiastical  organizations  may  be  fully  and  system- 
atically paid. 

Sec.  3.  (1)  It  shall  be  the  duty  of  the  Trustees  of  the  Episcopal  Fund 
of  the  Diocese  to  pay  to  the  Committee  on  the  Church  Pension  Fund  the 
premiums  payable  on  behalf  of  the  Bishop  of  the  Diocese,  and  also  of  ihe 
Coadjutor  Bishop  and  the  Bishops  Suffragan,  if  there  be  such. 

(2)  It  shall  also  be  the  duty  of  the  Board  of  Managers  of  the  Dio- 
cesan Missionary  and  Church  Extension  Society  to  pay  to  the  Committee 
on  the  Church  Pension  Fund  the  premiums  payable  on  account  of  all  sti- 
pends received  by  the  clergymen  from  said  Board. 

(3)  It  shall  be  the  duty  of  the  Committee  on  Diocesan  Finances  to 
authorize  the  Treasurer  of  the  Convention  to  pay,  annually  to  the  said 
Committee  on  the  Church  Pension  Fund,  the  premiums  payable  on  account 
of  all  stipends  paid  by  the  District  to  clergymen  other  than  those  specified 
in  the  two  preceding  clauses,  and  to  make  all  necessary  arrangements  to 
provide  for  the  cost  of  such  premiums. 

Sec.  4.  It  shall  be  the  duty  of  every  clergyman  as  aforesaid  receiv- 
ing a  stipend  or  stipends,  and  the  duty  of  every  Parish,  Mission  or  other 
organization  as  aforesaid  paying  a  stipend  or  stipends,  to  furnish  a  state- 
ment of  such  stipend  or  stipends  to  the  Committee  on  the  Church  Pension 
Fund  whenever  said  Committee  shall,  in  writing,  ask  for  such  statement. 

CANON  XXVI. 

OF  ALTERATIONS  IN  THE  CANONS. 

Section  i.  No  proposition  to  alter  or  add  to  the  Canons  of  the  District, 
shall  be  considered  by  the  Convention,  except  at  a  stated  meeting  and  after 
one  day's  notice  of  the  proposed  alteration,  given  in  open  Convention ;  nor 
(unless  by  unanimous  consent)  until  it  shall  have  been  reported  on  by  the 
Committee  on  Canons  of  the  District. 

Sec.  2.  No  alteration  or  amendment  of  these  Canons  shall  be  made 
without  the  approbation  of  the  Bishop  of  the  District,  nor  until  the  altera- 
tion or  amendment  has  been  submitted  to  the  House  of  Bishops  and  has 
received  the  approbation  thereof. 


CONSTITUTION  AND  CANONS  23 

CANONS  OF  THE  GENERAL  CONVENTION  REFERRED  TO  IN 
THE  CANONS  OF  THE  DISTRICT  OF  ASHEVILLE. 

CANON  XIV.  §  IV  [ii.] 
Every  Missionary  Bishop  shall  appoint  annually  a  Council  of  Advice,  to 
be  composed  of  not  less  than  two  nor  more  than  four  Presbyters,  and  an 
equal  number  of  laymen,  communicants  of  this  Church,  resident  within  his 
Missionary  District,  who  shall  perform  the  duties  of  a  standing  Com- 
mittee for  such  District,  except  in  so  far  as  these  Canons  otherwise  pro- 
vide, and  who  shall  continue  in  office  until  their  successors  are  appointed, 
and  shall,  so  far  as  the  circumstances  of  the  District  permit,  be  governed 
by  the  Constitution  and  Canons  that  have  been  adopted  for  such  District. 

CANON  XV. 

OF   THE    FILLING   OF   VACANT    CURES. 

§  I.  When  a  Parish  or  Congregation  becomes  vacant,  the  Church 
Wardens  or  other  proper  officers,  shall  notify  the  fact  to  the  Bishop.  If 
the  authorities  of  the  Parish  shall  for  thirty  days  have  failed  to  make  pro- 
vision for  the  services,  it  shall  be  the  duty  of  the  Bishop  to  take  such  meas- 
ures as  he  may  deem  expedient  for  the  temporary  maintenance  of  Divine 
services  therein. 

§  11.  No  election  of  a  Rector  shall  be  had  until  the  name  of  the  Clergy- 
man whom  it  is  proposed  to  elect  has  been  made  known  to  the  Bishop,  if 
there  be  one,  and  sufficient  time,  not  exceeding  thirty  days,  has  been  given 
to  him  to  communicate  with  the  Vestry  thereon. 

§  in.  Written  notice  of  the  election,  signed  by  the  Church  Wardens, 
shall  be  sent  to  the  Ecclesiastical  Authority  of  the  Diocese.  If  the  Eccles- 
iastical Authority  be  satisfied  that  the  person  so  chosen  is  a  duly  qualified 
Minister,  and  that  he  has  accepted  the  office,  the  notice  shall  be  sent  to  the 
Secretary  of  the  Convention,  who  shall  record  it.  And  such  record  shall 
be  sufficient  evidence  of  the  relation  between  the  Minister  and  the  Parish. 

§  iv.  A  Minister  is  settler!  for  all  purposes  here  or  elsewhere  mentioned 
in  these*  Canons,  who  has  been  engaged  permanently  by  any  Parish  accord- 
ing to  the  rules  of  this  Diocese,  or  for  any  term  not  less  than  one  year. 

CANON  XXIII. 

OF   LAY    LEADERS. 

§  1.  A  competent  person  ready  and  desirous  to  serve  the  Church  in  the 
public  services  statedly  as  a  Lay  Reader,  must  procure  from  the  Bishop  or 
Ecclesiastical  Authority  of  the  Diocese  or  Missionary  District  a  written 
license.  Such  license  shall  not  be  granted  to  any  but  a  male  communicant 
of  this  Church,  and  must  be  given  for  a  definite  period,  not  longer  than  one 
year,  but  may  be  renewed  from  time  to  time,  or  revoked  at  any  time.  Such 
license  may  be  given  for  any  vacant  Parish  or  Mission,  or  for  a  congre- 


24  CONSTITUTION   AND   CANONS 

gation  without  a  minister,  but  where  a  Presbyter  is  in  charge,  his  request 
and  recommendation  must  have  been  previously  signified  to~  the  Ecclesiasti- 
cal Authority.  A  license  shall  not  be  granted  for  conducting  the  service  in 
a  congregation  without  a  Minister,  which  is  able  and  has  had  reasonable 
opportunity  to  secure  the  services  of  an  ordained  Minister.  If  the  Lay 
Reader  be  a  student  in  any  Theological  Seminary,  he  shall  also,  before 
acting  as  such,  obtain  the  permission  of  the  presiding  officer  of  such  insti- 
tution and  of  his  own  Bishop. 

§  ii.  A  Lay  Reader  shall  be  subject  to  the  regulations  prescribed  by  the 
Ecclesiastical  Authority,  and  shall  not  serve  in  any  Diocese  other  than  that 
in  which  he  is  licensed,  unless  he  shall  have  received  a  license  from  the 
Bishop  of  the  Diocese  in  which  he  desires  to  serve. 

§  in.  In  all  matters  relating  to  the  conduct  of  the  service,  and  to  the 
Sermons  or  Homilies  to  be  read,  he  shall  conform  to  the  direction  of  the 
Minister  in  charge  of  the  Parish,  congregation,  or  Mission  in  which  he  is 
serving,  and,  in  all  cases,  to  the  directions  of  the  Bishop.  He  shall  read 
only  the  Morning  and  Evening  Prayer  (omitting  the  Absolution),  the  Lit- 
any, and  the  office  for  the  Burial  of  the  dead.  He  shall  not  deliver  sermons 
or  addresses  of  his  own  composition,  unless,  after  instruction  and  exam- 
ination, he  be  specially  licensed  thereto  for  urgent  needs  by  the  Bishop. 
He  shall  not  wear  the  dress  appropriate  to  Clergymen  ministering  in  the 
congregation. 

CANON  XXXIX. 

OF   THE   DISSOLUTION    OF  THE   PASTORAL   RELATIONS. 

§  i.  A  Rector  may  not  resign  his  Parish  without  the  consent  of  said 
Parish,  or  its  Vestry,  or  its  Trustees,  whichever  may  be  authorized  to  act 
in  the  premises,  nor  may  any  Rector  or  Minister  canonically  or  lawfully 
elected  and  in  charge  of  any  Parish  be  removed  therefrom  by  said  Parish, 
Vestry,  or  Trustees,  against  his  will,  except  as  hereinafter  provided. 

§  ii.  If  for  any  urgent  reason  a  Rector  or  Minister  as  aforesaid,  or  the 
Parish  committed  to  his  charge,  its  Vestry  or  Trustee,  shall  desire  a  sep- 
aration and  dissolution  of  the  pastoral  relation,  and  the  parties  be  not 
agreed  respecting  such  separation  and  dissolution,  notice  in  writing  may  be 
given  by  either  party  to  the  Ecclesiastical  Authority  of  the  Diocese  or  Mis- 
sionary District.  The  Bishop,  in  case  the  difference  be  not  settled  by  his 
godly  judgment,  or  if  he  decline  to  consider  the  case  without  counsel,  may 
ask  the  advice  and  consent  of  the  Standing  Committee  of  the  Diocese  or 
of  the  Council  of  Advice  of  the  Missionary  District,  and,  proceeding  with 
its  aid  and  counsel,  shall  be  the  ultimate  arbiter  and  judge.  If  the  Diocese 
or  Missionary  District  be  vacant,  the  Ecclesiastical  Authority  shall  select  a 
Bishop  of  an  adjacent  Diocese  or  Missionary  District  to  act  as  the  Bishop, 
and  with  like  force  and  effect.  The  judgment  shall  be  either  that  the  pas- 
toral relation  between  the  parties  shall  cease  and  determine  at  a  time  and 
upon  terms  therein  specified,  or  that  the  said  relation  shall  not  be  termi- 


CONSTITUTION  AND  CANONS  25 

nated ;  and  it  shall  be  the  duty  of  both  parties  to  submit  to  and  abide  by- 
such  judgment.  In  the  event  of  either  party  refusing  to  abide  by  such 
judgment,  the  penalty  for  such  refusal  and  the  further  proceedings  in  the 
case  shall  be  those  provided  by  the  Constitution  and  Canons  of  the  Dio- 
cese or  Missionary  District  in  which  such  Parish  is  situated. 

§  in  In  case  of  the  regular  and  canonical  dissolution  of  the  connection 
between  a  Rector  or  Minister  and  his  Parish,  under  this  Canon,  the  Ec- 
clesiastical Authority  shall  direct  the  Secretary  of  the  Convention  to  record 
the  same. 

§  iv.  This  Canon  shall  not  apply  in  any  Diocese  or  Missionary  District 
which  has  made,  or  shall  hereafter  make,  provision  by  Canon  upon  this 
subject,  nor  in  contravention  of  any  right  of  any  Rector,  Minister,  Parish, 
Congregation  or  Vestry  under  the  law  of  the  Civil  Authority. 

CANON  XL. 

OF  THE   SOLEMNIZATION   OF    MATRIMONY. 

§1.  Ministers  of  this  Church  shall  be  careful  to  secure  the  observance 
of  the  law  of  the  State  governing  the  civil  contract  of  marriage  in  the 
place  where  the  service  shall  be  performed. 

§  11.  [i]  No  Minister  shall  solemnize  a  marriage  except  in  the  presence 
of  at  least  two  witnesses. 

[ii]  Every  Minister  shall  without  delay  formally  record  in  the  proper 
register  the  name,  age,  and  residence  of  each  party.  Such  record  shall  be 
signed  by  the  Minister  who  solemnizes  the  marriage,  and,  if  practicable,  by 
the  married  parties,  and  by  at  least  two  witnesses  of  the  marriage. 

[iii]  No  Minister,  knowingly  after  due  inquiry,  shall  solemnize  the 
marriage  of  any  person  who  has  been  or  is  the  husband  or  wife  of  any 
other  person  then  living,  from  whom  he  or  she  has  been  divorced  for  any 
cause  arising  after  marriage.  But  this  Cannon  shall  not  be  held  to  apply  to 
the  innocent  party  in  a  divorce  for  adultery ;  Provided,  that  before  the  ap- 
plication for  such  re-marriage  a  period  of  not  less  than  one  year  shall  have 
elapsed,  after  the  granting  of  such  divorce;  and  that  satisfactory  evidence 
touching  the  facts  in  the  case,  including  a  copy  of  the  Court's  Decree,  and 
Record,  if  practicable,  with  proof  that  the  defendant  was  personally  served 
or  appeared  in  the  action,  be  laid  before  the  Ecclesiastical  Authority,  and 
such  Ecclesiastical  Authority,  having  taken  legal  advice  thereon,  shall  have 
declared  in  writing  that  in  his  judgment  the  case  of  the  applicant  conforms 
to  the  requirements  of  this  Canon ;  and  Provided,  further,  that  it  shall  be 
within  the  discretion  of  any  Minister  to  decline  to  solemnize  any  marriage. 

§  in.  If  any  Minister  of  this  Church  shall  have  reasonable  cause  to 
doubt  whether  a  person  desirious  of  being  admittd  to  Holy  Baptism,  or  to 
Confirmation,  or  to  the  Holy  Communion,  has  been  married  otherwise  than 
as  the  Word  of  God  and  discipline  of  this  Church  allow,  such  Minister,  be- 
fore receiving  such  person  to  these  ordinances,  shall  refer  the  case  to  the 


26  CONSTITUTION  AND   CANONS 

Bishop  for  his  godly  judgment  thereupon;  Provided,  however,  That  no 
Minister  shall  in  any  case  refuse  these  ordinances  to  a  penitent  person  in 
imminent  danger  of  death. 

CANON  XLI. 

OF  REGULATIONS  RESPECTING  THE  LAITY. 

8  i.  [i]  A  communicant  in  good  standing,  removing  from  one  Parish 
or  Congregation  to  another,  shall  be  entitled  to  receive  and  shall  procure 
from  the  Rector  or  Minister  of  the  Parish  or  Congregation  of  his  or  her 
last  residence,  or,  if  there  be  no  Rector  or  Minister,  from  one  of  the  War- 
dens, a  certificate  stating  that  he  or  she  is  duly  registered  or  enrolled  as  a 
communicant  in  the  Parish  or  Congregation  from  which  he  or  she  desires 
to  be  transferred,  and  the  Rector  or  Minister  or  Warden  of  the  Parish 
or  Congregation  to  which  such  communicant  may  remove  shall  enroll  him 
or  her  as  a  communicant  when  such  certificate  is  presented,  or,  on  failure 
to  produce  such  certificate  through  no  fault  of  such  communicant,  upon 
other  evidence  of  his  or  her  being  such  a  communicant,  sufficient  in  the 
judgment  of  said  Rector  or  Minister.  Notice  of  such  enrollment  in  such 
Parish  or  Congregation  to  which  such  communicant  shall  have  removed, 
shall  be  sent  by  the  Rector  or  Minister  thereof  to  the  Rector  of  the  Parish 
from  which  the  communicant  is  removed. 

§  ii.  When  a  person  to  whom  the  sacraments  of  the  Church  have  been 
refused,  or  who  has  been  repelled  from  the  Holy  Communion  under  the 
Rubrics,  shall  lodge  a  complaint  with  the  Bishop,  it  shall  be  the  duty  of  the 
Bishop,  unless  he  see  fit  to  require  the  person  to  be  admitted  or  restored 
because  of  the  insufficiency  of  the  cause  assigned  by  the  Minister,  to  insti- 
tute such  an  inquiry  as  may  be  directed  by  the  Canons  of  the  Diocese  or 
Missionary  District,  and  shall  proceed  according  to  such  principles  of  law 
and  equity  as  will  insure  an  impartial  decision,  but  no  Minister  of  this 
Church  shall  be  required  to  admit  to  the  Sacraments  a  person  so  refused 
or  repelled,  without  the  written  direction  of  the  Bishop. 

The  Sacraments  shall  not  be  refused  in  any  case  to  a  penitent  person  at 
the  point  to  die. 


2>tetrict  of  Hsbeville 


IRules  of  ©rfcer 


Rule  I. — The  order  of  proceedings  shall  be  as  follows : 

FIRST   DAY. 
(i.)    The  Convention  shall  meet  at  9  o'clock,  a.  m.,  for  Morning  Prayer 
and  organization. 

(2.)  The  Secretary  of  the  preceding  Convention,  if  present — if  not, 
some  other  person  appointed  by  the  Chair — shall  call  the  names  of  Clergy 
entitled  to  seats  (Const,  Art.  II)  and  enter  on  the  minutes  the  names  of 
those  present. 

(3.)  The  Secretary  shall  call  the  names  of  Lay  Delegates  as  entered 
upon  the  list  provided  for  by  Canon  2  of  the  Canons  of  the  District,  sub- 
ject to  such  corrections  as  may  be  based  on  the  list  of  delinquent  parishes 
to  be  sent  by  the  Treasurer  of  the  District  to  the  Secretary  on  the  day  be- 
fore the  meeting  of  the  Convention,  and  shall  enter  on  the  minutes  the 
names  of  those  present,  after  which  the  President  shall  declare  the  Conven- 
tion organized  for  business. 

(4.)  The  President  shall  appoint  a  Committee  on  Credentials,  consist- 
ing of  one  Clergyman  and  two  Laymen,  to  receive,  examine  and  report 
upon  the  Credentials  of  Lay  Delegates,  and  to  revise  the  Secretary's  list  of 
the  same.  And  the  Treasurer  of  the  District  shall  report  to  such  Commit- 
tee a  list  of  the  Parishes  which  are  in  arrears  for  Diocesan  assessments, 
and  no  Delegate  shall  be  reported  by  such  Committee  as  entitled  to  a  seat 
in  the  Convention  from  any  Parish  reported  by  such  Treasurer  as  in  ar- 
rears, until  such  Treasurer  shall  have  made  further  report  to  such  Com- 
mittee that  such  Parish  is  no  longer  in  arrears.  In  case  the  alternate  Dele- 
gates claim  the  right  to  seats  in  the  Convention,  the  fact  must  be  made 
known  to  the  Committee  on  Credentials,  who  shall  report  thereon ;  and  the 
persons  reported  by  that  Committee  as  entitled  to  seats  (not  exceeding 
three  from  each  Parish),  whether  regulars  or  alternates,  shall,  if  the  Con- 
vention approve  such  report,  be  entered  upon  the  roll  of  the  Secretary  as 
properly  accredited  Delegates. 

(5.)  At  10:30  a.  m.,  a  recess  shall  be  taken  for  the  celebration  of  the 
Holy  Communion,  at  which  time  the  Annual  Address  of  the  Bishop  shall 
be  delivered. 

(6.)  The  Committee  on  Credentials  shall  next  report  on  the  application 
(if  any)  of  new  Parishes  for  admission  to  the  Convention  (Canon  10  of 


28  CONSTITUTION  AND  CANONS 

the  District)  ;  and  when  received,  the  Secretary  shall  call  and  enter  on  the 
minutes  the  names  of  the  Lay  Delegates  representing  ^said  Parishes. 

(7)  The  election  by  ballot  of  a  Secretary,  who  shall  have  power  to  ap- 
point an  Assistant. 

(8)  Appointment  by  the  President  of  a  Committee  on  Unfinished 
Business,  consisting    of  one  Clegryman  and  one  Layman. 

(9)  Appointments  by  the  President  to  fill  any  vacancies  existing  in 
the  Committee  on  Canons,  or  in  the  Committee  on  Finance,  appointed  by 
the  preceding  Convention. 

(10)  Report  of  Deans  of  Convocations. 

(11)  Report  of  Archdeacon  of  the  District. 

(12)  Reading  of  the  Abstract  of  Proceedings  of  the  Council  of  Ad- 
vice of  the  District. 

(13)  Report  of  the  Committee  on  Unfinished  Business. 

(14)  Report  of  Special  Committees  of  last  Convention. 

(15)  Report  of  Finance  Committee. 

(16)  Report  of  Missionary  Committee. 

(17)  Report  of  Education  Committee. 

(18)  Report  of  Committee  on  Canons,  on  matters  referred  to  it  by 
previous  Convention. 

(19)  Report  of  Finance  Committee  on  Assessments. 

(20)  Report  of  the  Treasurer  of  the  District. 

(21)  Election,  by  ballot,  of  the  Treasurer  of  the  District. 

(22)  Report  of  the  Committee  on  Canons  on  new  business. 

(23)  Report  of  Committee  on  Sunday-schools. 

(24)  Report  of  Secretary  of  the  Board  of  Trustees  of  the  District. 

(25)  Report  of  Treasurer  of  the  Board  of  Trustees  of  the  District. 

(26)  Motions,  resolutions  and  miscellaneous  business. 

(27)  A  public  Missionary  meeting  for  promoting  the  objects  of  the 
Missionary  and  Educational  interests  of  the  District. 

SECOND  DAY. 

After^Divine  Service,  the  order  of  business  shall  be  as  follows: 

(28)  Reading  and  approving  the  minutes. 

(29)  Supplementary  report  of  the  Committee  on  Credentials. 

(30)  Election,  by  ballot,  of — 

i.    Missionary  Committee. 

ii:    Delegates  and  Provisional  Delegates  to  General  Convention  tri- 
ennially. 


CONSTITUTION  AND  CANONS  29 

iii.  One  Trustee  of  District. 

iv.  Members  of  the  Ecclesiastical  Court   (triennially). 

v.  Trustee  for  Sewanee. 

vi.  Trustee  for  St.  Mary's, 

vii.  Registrar  of  the  District   (triennially). 

(31)  Report  of  Special  Committees  of  this  Convention. 

(32)  Appointment  by  the  President  of  the  following  District  Commit- 
tees, to  continue  until  the  close  of  the  next  Annual  Convention  : 

I.  A  committee  on  Canons,  to  consist  of  two  clergymen  and  two  Lay- 
men, to  whom  shall  be  referred  all  matters  pertaining  to  the  Constitution 
and  Canons,  and  all  questions  of  ecclesiastical  law  which  may  arise  during 
the  sessions  of  the  Convention. 

II.  The  Committee  on  Finance  required  by  Canon  IX  of  the  Canons  of 
the  District. 

III.  Other  committees   required  by   Canon. 
(34)     The  disposal  of  any  unfinished  business. 

Rule  II. — When  the  President  takes  the  Chair,  no  member  shall  con- 
tinue standing,  or  shall  afterwards  stand,  unless  to  address  the  Chair. 

Rule  III. — No  member  shall  absent  himself  from  the  services  of  the 
House,  unless  he  have  leave,  or  be  unable  to  attend. 

Rule  IV. — Whenever  any  member  is  about  to  speak  in  debate,  or  de- 
liver any  matter  to  the  Convention,  he  shall  rise  from  his  seat,  and  with 
due  respect,  address  himself  in  an  audible  voice  to  the  President,  confining 
himself  strictly  to  the  point  in  debate. 

Rule  V. — No  member  shall  speak  more  than  twice  in  the  same  debate, 
without  leave  of  the  house. 

Rule  VI. — While  the  President  is  putting  any  question,  the  members 
shall  continue  in  their  seats,  and  not  hold  any  private  discourse. 

Rule  VII. — Every  member  present  shall  vote  when  a  question  is  put, 
unless  excused  by  the  Convention ;  and,  on  a  vote  by  orders,  the  name  of 
the  Presiding  officer  shall  be  called  last. 

Rule  VIII. — When  a  question  is  under  consideration,  no  motion  shall 
be  made,  unless  to  lay  it  upon  the  table,  to  postpone  it  indefinitely,  to 
postpone  it  to  a  certain  time,  to  commit  it,  to  amend  it,  or  to  divide  it,  and 
motions  for  any  of  these  shall  have  precedence  in  the  order  herein  named. 

Rule  IX. — A  motion  to  lay  on  the  table  shall  be  decided  without  debate. 

Rule  X. — A  motion  to  adjourn  shall  always  be  in  order,  and,  if  unqual- 
ified, shall  be  decided  without  debate. 

Rule  XI. — No  motion  shall  be  considered  as  before  the  House,  unless  it 
be  seconded,  and  reduced  to  writing. 

Rule  XII. — A  question,  being  once  determined,  shall  stand  as  the  judg- 


3o  CONSTITUTION  AND   CANONS 

ment  of  the  Convention,  and  shall  not  again  be  considered  during  the  same 
session ;  but  a  question,  being  decided,  may  be  reconsidered  with  the  con- 
sent of  two-thirds  of  the  members  present,  on  a  motion  to  that  purpose  by 
one  of  the  majority  on  the  first  decision. 

Rule  XIII. — All  Committees  shall  be  appointed  by  the  President,  unless 
otherwise  ordered. 

Rule  XIV. — The  reports  of  all  committees  shall  be  in  writing,  and  shall 
be  entered  upon  the  minutes,  unless  otherwise  ordered.  If  recommending 
or  requiring  action  or  expression  of  opinion  by  the  Convention,  they  shall 
be  accompanied  by  a  resolution  or  resolutions  for  its  consideration. 

Rule  XV. — All  questions  of  order  shall  be  decided  by  the  President,  in 
the  first  instance;  but  any  member  may  appeal  from  such  decision,  and  on 
such  appeal  no  member  shall  speak  more  than  once  without  leave  of  the 
Convention. 

Rule  XVI. — Clergymen  of  the  Protestant  Episcopal  Church  not  entitled 
to  seats,  and  candidates  for  Holy  Orders  in  this  District,  shall  be  admitted 
to  the  sittings  of  the  Convention,  and  their  names  entered  on  the  Journal, 
on  reporting  themselves  to  the  Secretary,  but  without  the  right  of  taking 
any  part  in  the  proceedings. 

Rule  XVII. — Before  the  final  adjournment  of  the  Convention,  the  min- 
utes of  the  last  day's  proceedings  shall  be  read,  corrected,  if  necessary,  and 
approved. 

Rule  XVIII. — The  Rules  of  Order  may  be  suspended  by  a  vote  of  two- 
thirds  of  all  the  members  present. 

Rule  XIX.— The  above  shall  be  the  Rules  of  Order  for  all  future  Con- 
ventions of  this  District,  unless  altered  or  rescinded. 


